Saturday, September 5, 2015

Weekly Community Benefits Workshop for Developers, but None for Residents, by BC

From: Better Cupertino
Date: Wed, Sep 2, 2015 at 8:06 AM
Subject: Fwd: [BetterCupertino] Weekly Community Benefits Workshop for Developers, but None for Residents
To: City Council <citycouncil@cupertino.org>, planning@cupertino.org, City Clerk <CityClerk@cupertino.org>, David Brandt <davidb@cupertino.org>, Aarti Shrivastava <AartiS@cupertino.org>


I would like to clarify the issue Peggy and I brought up last night at the Council meeting. We are not objecting to the two Council members attending the weekly stakeholder meetings. We are objecting to the fact that the City Manager and Staff refused to provide any information to the residents when asked repeatedly. And the one workshop promised never materialized.
The City of Cupertino consistently kept the residents in the dark, while providing all the information to developer community through the City Staff and consultants, paid for by the taxpayers.

From Febrary to April of 2015, the residents asked for any information on Community Benefits multiple times and they were denied. Even the promised workshop on Community Benefits never materialzed. Yet, at the same time, the City Staff has been presenting materials on Community Benefits at weekly stakeholder meetings on Community Benefits program. The very stakeholders, Cupertino residents, were excluded from the meetings and denied any information.

---------- Forwarded message ----------
From: Liang C
Date: Tue, Sep 1, 2015 at 4:50 PM
Subject: Fwd: [BetterCupertino] Weekly Community Benefits Workshop for Developers, but None for Residents
To: City Council <citycouncil@cupertino.org>, "City of Cupertino Planning Dept." <planning@cupertino.org>, City Clerk <CityClerk@cupertino.org>


(for Agenda Item 4)

On Feb. 6, Feb. 17, March 26 and April 7, 2015, BetterCupertino have inquired multiple times to request any information on any research the City Staff have done on Community Benefits program. The Staff shared nothing.

On April 14, we requested to have a Q&A session on community benefits before May 19 meeting. Barry Chang replied that it's a good idea. The city manager never even replied to the request.

On April 21, during Council meeting, City Manager mentioned they will organize a workshop when asked by the Council.

On April 28, people ask about workshop. Staff said they are working on a date.
On May 8: Staff told the residents: No workshop will be held.
Till today, September 1. Resolution 15-078 will be approved to allow Community Benefits program, aptly renamed as "voluntary community amenities" without any constraint.

The City still has not held any workshop to inform the residents on the various Community Benefits program considered. The Study Session held on June 30 was only focused on the frequency of the new GPA process, not on the most important topic, Community Benefits program.

However, through a friendly source, we accidentally discovered that from March to April, the City Staff have been attending and reporting at a weekly stakeholder meetings for Community Benefits, attended by every developer in town, two Council members, and the school districts. There were at least 7 meetings on March 9, March 18, March 20, March 26, March 30, April 3, April 8 and April 13. Maybe more later. The City Staff and consultants had attended many of the meetings and provided presentation on their research on Community Benefits program.

Around the same time, the residents were denied any information at all on Community Benefits program. BetterCupertino has inquired the City Manager David Brandt about such weekly stakeholder meeting on Community Benefits on August 24 and on August 31. We have not received any reply from the City Manager at all.
The attendee list of this weekly stakeholder meeting on Community Benefits includes two Council members, Rod Sinks and Savita Vaidhyanathan, both Superintendents of FUHSD and CUSD, and almost every developers in town, Sand Hill, Marina (Amy Chan), Irvine Company (Hamptons), KT Urban (Oaks), Kimco Realty (Cupertino Village), Prometheus (City Center), and Cupertino Inn, plus a team of consultants and attorneys, including Xavier Campos (Ford & Bonilla, Lobbyist & Consulting Firm), Ben Sigman of EPS (Economic consultants), consultants from VER on Land Use Planning, financial consultants from Leeward Financial, attorneys from Burke, Williams & Sorensen, LLP, and also Neil Struthers, head of Construction Labor Union.

Among the long list of "stakeholders" for Community Benefits, the true stakeholders, Cupertino residents, who intentionally kept out. Even after repeated attempts to inquire about more information on Community Benefits, the residents were denied access. Not even one workshop was held for the residents.

One wonders. Who pays for the salaries of the City Staff? Who paid for those consultants and attorneys who proposed various models of Community Benefits program during these meetings? The very stakeholders, Cupertino residents, that were excluded from the meeting and denied any information.
Then, after all that efforts by the staff and consultants to study Community Benefits program, Resolution 15-078 proposes to throw them all away since they are too restrictive. The Council wants only "flexibility for managing growth," which is in fact uncontrolled growth.

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Here are snippets of what happened in each meeting:
 
March 9:Thanks for coming to our first stakeholders meeting.

March 18: City staff suggested using a dollar per sq ft formula to assess all new developments based on the sq ft size of the development. Most people at the table thought it may work as a concept,...

March 20: We learned from legal point of view, there was no nexus between the assessment and project, and if implemented, it could likely be challenged. Staff offered another alternative straw man structure, similar to the City of Morgan Hill's ordinance...

March 26: The group of attorneys came up with four community benefits options and would like to
discuss pros and cons of each with the sub-group.

March 30: City staff and their attorney presented 4 community benefits options to the subgroup this afternoon for comments.

April 3: City staff and their consulting team presented a straw man community benefits model that essentially is based on an annual allocation of housing units, office space and hotel rooms. Community benefits will be based on amount per sq ft., etc. Many questions were raised, including the assuming used on the performa models.

April 8: They think it's more productive for the developer groups to contact the City's economic consultant, Ben Sigman of EPS, directly if there are questions about the economic assumptions used. Ben's contact info: 510-841-9190,

April 13: The economic consultant made a presentation from 3:00pm to 5:00pm, at City Hall's
Conference C.




CRSZaction.org and BetterCupertino.org
Paid for by Cupertino Residents for Sensible Zoning Action Committee, PO Box 1132, Cupertino, CA 95015, FPPC #1376003

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